Clean energy firm fights record federal fine by attacking regulator’s authority

A federal probe accuses Durham-based American Efficient of defrauding energy markets out of hundreds of millions while the company mounts a legal battle that could gut a key government watchdog.

Lisa Sorg reports for Inside Climate News.


In short:

  • FERC alleges that American Efficient falsely claimed energy savings in wholesale electricity markets, securing $490 million in revenue and facing a record $722 million in penalties.
  • The company’s defense includes constitutional challenges that question FERC’s very authority and could shift power over energy regulation toward the president.
  • PJM, the nation’s largest grid operator, has moved to exclude energy efficiency aggregators by 2026, threatening the company's future access to capacity markets.

Key quote:

“All sorts of civil servants … for at least 100 years have been understood to be shielded from arbitrary removal. So to say that FERC enforcement power is constitutionally suspect because the commission is independent seems to ignore both 10 to 20 years of Supreme Court precedent and also the current policies of the current administration.”

— Josh Macey, associate professor of law at Yale Law School

Why this matters:

Energy efficiency aggregators like American Efficient operate behind the scenes of the energy market, bundling small-scale electricity savings — say from more efficient refrigerators or LED lighting — and selling them as “negawatts,” or avoided energy use. In theory, this helps utilities reduce demand and curb emissions without building new power plants. But the savings claimed by these aggregators are notoriously difficult to verify. Critics warn that if those savings are inflated or based on shaky assumptions, ratepayers could be footing the bill for benefits that exist only on paper.

The stakes go beyond dollars and kilowatts. The Federal Energy Regulatory Commission, long considered an independent energy watchdog, has been facing mounting scrutiny under President Trump’s administration, which has signaled a deregulatory agenda. If FERC’s oversight weakens, companies may face less pressure to rigorously prove their emissions reductions, opening the door to market manipulation. That could erode public trust in a system meant to deliver cleaner air and a more resilient grid — especially as climate impacts grow harder to ignore.

Read more: Trump's approach to U.S. power grid could slow critical expansion

Two women in a kayak floating through a mangrove forest

Mangroves comeback is a rare climate success story

For decades, we've catalogued what we're losing to climate change. A sweeping new study offers something harder to find — evidence that one of the planet's most vital coastal ecosystems is actually winning.

An illustration of a car made out of green grass with a plug icon in the center

COP31 leaders unveil global targets, with spotlight on electrification

The two countries set to lead this year’s COP31 have unveiled three headline goals for November’s UN climate summit — on electrification, waste, and buildings.

Illustration depicting skyrocketing oil prices. Gasoline nozzle spewing coins against a rising graph

Democrats once vowed to stop oil and gas. Now they’re not so sure.

As the midterm elections approach, many leading Democrats are rethinking their approach to climate change.
SEPTEMBER 28 2015: Businessman and presidential candidate Donald Trump held a press conference at Trump Tower to unveil his comprehensive tax reform plan.
Credit: andykatz/BigStock Photo ID: 103507385

Trump attacks on renewables ‘toxic’ to permitting talks

A top Democrat said Wednesday he wanted to see more movement on renewable energy approvals. A White House official didn’t appear willing to budge.
A single hand poking up out of floodwaters

Inside the war to sideline stronger climate science, before it’s used in court

An emerging field of research that can measure how much climate change has worsened individual disasters is under attack by friends of the fossil fuel industry. Billions of dollars are at stake.
Biscayne Bay, Florida. MacArthur Causeway arches over the tranquil water, connecting to a vibrant marina brimming with yachts. In the distance, the iconic Miami Beach skyline.

Biscayne Bay is slowly becoming the ocean

A 20-year record reveals an estuary tipping toward a saltier, more acidic state. These conditions threaten its hammerhead shark nursery and the aquifer that supplies Miami’s drinking water.
Buildings adjacent to a waterway, London, UK

Millions of homes in London, Essex and Kent at risk of sinking as climate crisis worsens

Analysis pinpoints areas most vulnerable to hotter, drier weather causing ground to shrink and drag foundations down.

From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.